Bill S1241-2011

Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority

Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority; requires daily inspections, reports to MTA inspector general and the management advisory board, emergency repair order after two consecutive daily reports of inoperable facilities, and annual reports by the management advisory board.

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Memo

BILL NUMBER:S1241

TITLE OF BILL: An act to amend the public authorities law, in relation to ensuring public accessibility in certain mass transit and rapid transit stations

PURPOSE OR GENERAL IDEA OF BILL: Requires the Metropolitan Transportation Authority to provide for the daily inspection of escalators, elevators, wheel-chair lifts, and other facilities in passenger stations and to make their maintenance a priority.

SUMMARY OF SPECIFIC PROVISIONS: This bill requires the Metropolitan Transportation Authority to provide for the daily inspection of escalators, elevators, wheelchair lifts, and other facilities in its passenger stations.

The bill requires that if an escalator, elevator, wheelchair lift, or other facility is found to be inoperable that the authority shall initiate repair and file a written report to the authority's Inspector General and Management Advisory Board.

The bill requires that if an escalator, elevator, wheelchair lift, or other facility is found to be inoperable for two or more consecutive days the Inspector General issue an emergency repair order and monitor the repair progress.

The bill requires that throughout the period in which an escalator, elevator, wheelchair lift, or other facility is found to be inoperable that written reports are filed with the authority's Inspector General and Management Advisory Board.

The bill defines "inoperable" as when an escalator, elevator, wheelchair lift, or other facility cannot accommodate a person with a disability in the way in which it was designed to.

The bill requires the Management Advisory Board to assist the MTA Inspector General in identifying ways to improve accessibility for persons with disabilities, maintenance of passenger stations, and wheelchair lifts on city buses.

JUSTIFICATION: When an escalator, elevator, or wheelchair lift is inoperable it means that a person with a disability may be stranded in their home. If a wheelchair user finds that they cannot exit due to an inoperable elevator they have limited options: exit at a different station likely very far away from their intended destination, reverse their trip if an elevator is not necessary to reach the other side of the tracks, or have their person and their wheelchair carried out of the passenger station by the police. This is a situation that occurs too often and is humiliating and dangerous for the wheelchair user and an unacceptable outcome that we could do more to avoid. In an

emergency, inoperable accessibility features have the potential to be a threat to human life.

According to a 2006 report, The State of Repairs, by Manhattan Borough President Scott, M. Stringer, 74% of all elevators in ADA-compliant stations did not receive their mandated annual inspection each year between 2002 and 2005. 58% of escalators in Manhattan did not receive a mandated inspection in that same period. The Borough President's report also found that the trend is towards elevator outages increasing in length. In 2005, the average elevator in an ADA-compliant station was out for 11 days. These findings are not new, but rather part of a long-term trend. A 2000 report, Stuck, prepared by NYC Public Advocate Mark Green analyzed 110,000 records between 1994 and 2000 and found that elevators and escalators in passenger stations were being poorly maintained.

PRIOR LEGISLATIVE HISTORY:

2008: S.7348 (Duane), Died in Transportation; A.10420, Died in Corporations 2009: S.1387 (Duane), Died in Transportation; A.3952, Died in Corporations 2010: S.1387 (Duane), Died in Finance; A.3952 (Kellner) Died in Corporations

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: 30 days after it becomes law.

Text

STATE OF NEW YORK
________________________________________________________________________
1241
2011-2012 Regular Sessions
IN SENATE
January 6, 2011
___________

Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to ensuring
public accessibility in certain mass transit and rapid transit
stations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1277 of the public authorities law, as amended by
chapter 161 of the laws of 2000, is amended to read as follows:
S 1277. Station operation and maintenance. The operation, maintenance
and use of passenger stations shall be public purposes of the city of
New York and the counties within the district. 1. (A) The total cost to
the authority and each of its subsidiary corporations of operation,
maintenance and use of each passenger station within the district
serviced by one or more railroad facilities of the authority or of such
subsidiary corporation, including the buildings, appurtenances, plat-
forms, lands and approaches incidental or adjacent thereto, shall be
borne by the city of New York if such station is located in such city
or, if not located in such city, by such county within the district in
which such station is located. On or before June first of each year, the
authority shall, in accordance with the method specified herein, deter-
mine and certify to the city of New York and to each county within the
district the respective allocation of costs related to the operation,
maintenance and use of passenger stations within such city and each such
other county, for the twelve month period ending the preceding March
thirty-first.
For the year commencing April first, nineteen hundred ninety-nine, the
total payment amount to be billed by the authority for the operation,
maintenance and use of each passenger station within the city of New
York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
Orange, and Rockland shall be calculated by summing the total amount

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00769-01-1

S. 1241 2

listed in the base amount table plus an adjustment to such base year
amount equal to the base amount times the increase or decrease in the
Consumer Price Index for Wage Earners and Clerical Workers for the New
York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
the twelve-month period being billed.
BASE AMOUNT TABLE
County Base Amount
Nassau $19,200,000
Suffolk $11,834,091
Westchester $13,269,310
Dutchess $ 1,581,880
Putnam $ 618,619
Orange $ 327,247
Rockland $ 34,791
City of New York $61,435,330
For each year thereafter, such total payment for each such county shall
be the same amount as the total payment during the immediately prior
year, plus an adjustment equal to the prior year amount times the
increase or decrease in the Consumer Price Index for Wage Earners and
Clerical Workers for the New York, Northeastern-New Jersey Standard
Metropolitan Statistical Area for the twelve-month period being billed.
(B) On or before the following September first, of each year, such
city and each such county shall pay to the authority such cost or amount
so certified to it on or before the preceding June first. Such city and
each such county shall have power to finance such costs to it by the
issuance of budget notes pursuant to section 29.00 of the local finance
law. For the year beginning April first, two thousand four, the authori-
ty, the city of New York and the counties of Nassau, Suffolk, Westches-
ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
agreement, recommend to the legislature modifications to the amounts set
forth above based upon changes made to commuter services including but
not limited to changes in the number of passenger stations within such
counties or the level of commuter rail service provided to any such
passenger stations. Failure between the authority and between the coun-
ties to reach agreement will be referred to the state comptroller for
mediation. If the mediation is unsuccessful, each party and the state
comptroller may submit a recommendation to the governor and the legisla-
ture for legislative action.
(C) In the event that a city or county shall fail to make payment to
the authority for station maintenance as required pursuant to this
section, or any part thereof, the chief executive officer of the author-
ity or such other person as the chairman shall designate shall certify
to the state comptroller the amount due and owing the authority at the
end of the state fiscal year and the state comptroller shall withhold an
equivalent amount from the next succeeding state aid allocated to such
county or city from the motor fuel tax and the motor vehicle registra-
tion fee distributed pursuant to former section one hundred twelve of
the highway law, or amounts distributed pursuant to section ten-c of the
highway law, or per capita local assistance pursuant to section fifty-
four of the state finance law subject to the following limitations:
prior to withholding amounts due the authority from such county or city,
the comptroller shall pay in full any amount due the state of New York
municipal bond bank agency, on account of any such county's or city's
obligation to such agency; the city university construction fund pursu-

S. 1241 3

ant to the provisions of the city university construction fund act; the
New York city housing development corporation, pursuant to the
provisions of the New York city housing development corporation act
(article twelve of the private housing finance law); and the transit
construction fund pursuant to the provisions of title nine-A of article
five of this chapter. The comptroller shall give the director of the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall use such amount for the repayment of the state advances hereby
authorized. When such amount or amounts are received by the authority,
it shall credit such amounts against any amounts due and owing by the
city or county on whose account such amount was withheld and paid.
2. NOTWITHSTANDING ANY LAW, ADMINISTRATIVE CODE, RULE OR REGULATION TO
THE CONTRARY, THE MAINTENANCE OF ESCALATORS, ELEVATORS, WHEELCHAIR LIFTS
ON CITY BUSES AND OTHER FACILITIES IN PASSENGER STATIONS THAT EXPAND USE
TO PERSONS WITH DISABILITIES SHALL BE A PRIORITY OF THE AUTHORITY. THE
AUTHORITY SHALL PROVIDE FOR A DAILY INSPECTION OF EACH SUCH STATION AND
CITY BUS. IF AN ESCALATOR, ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY
IS DEEMED INOPERABLE DURING SUCH INSPECTION, THE AUTHORITY SHALL IMME-
DIATELY INITIATE REPAIR AND FILE A WRITTEN REPORT WITH THE AUTHORITY
INSPECTOR GENERAL AND THE MANAGEMENT ADVISORY BOARD. IF SUCH ESCALATOR,
ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY IS DEEMED INOPERABLE FOR TWO
OR MORE CONSECUTIVE DAILY INSPECTIONS, SUCH INSPECTOR GENERAL SHALL,
UPON REVIEW OF THE REPAIR STATUS, ISSUE OR APPROVE AN EMERGENCY REPAIR
ORDER AND SHALL MONITOR THE REPAIR PROCESS OF SUCH FACILITY TO ENSURE
EXPEDITIOUS RETURN TO SERVICE. FOR PURPOSES OF THIS SECTION, AN ESCALA-
TOR, ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY MUST BE CONSIDERED
INOPERABLE WHEN IT CANNOT REASONABLY ACCOMMODATE A WHEELCHAIR USER OR
OTHER PERSONS WITH DISABILITIES IN THE WAY IT WAS ORIGINALLY DESIGNED
TO. DAILY INSPECTIONS AND REPORTS SHALL CONTINUE DURING EACH PERIOD OF
REPAIR FOR THE ANNUAL REPORTING REQUIREMENTS PROVIDED IN SUBDIVISION
FOUR OF SECTION TWELVE HUNDRED SEVENTY-NINE-A OF THIS TITLE.
S 2. Section 1279-a of the public authorities law, as added by chapter
427 of the laws of 1983, is amended to read as follows:
S 1279-a. Management advisory board. 1. There is hereby created in the
office of the metropolitan transportation authority inspector general a
management advisory board, consisting of thirteen members appointed by
the governor, of whom two shall be appointed upon nomination by the
temporary president of the senate, two upon nomination by the speaker of
the assembly, one upon nomination by the minority leader of the senate
and one upon nomination by the minority leader of the assembly. All
members shall serve for a term of three years, except that, of the two
members first appointed upon nomination by the temporary president of
the senate, one shall serve for a term of two years and one shall serve
for a term of one year; of the two members first appointed upon nomi-
nation by the speaker of the assembly, one shall serve for a term of two
years and one shall serve for a term of one year; and, of two of the
members first appointed by the governor without nomination by any other
person, two shall each serve for a term of two years and two shall each
serve for a term of one year. One of the members appointed to the
management advisory board directly by the governor shall be designated
by the governor to serve as its [chairman] CHAIRPERSON.
2. All members of the management advisory board shall be residents of
the metropolitan transportation district, PATRONS OF THE MASS TRANSIT
AND RAPID TRANSIT SYSTEMS and shall be persons with substantial experi-

S. 1241 4

ence in the management of private enterprise, in the delivery of public
services, or in labor or labor-management relations.
3. The management advisory board shall assist the metropolitan trans-
portation authority inspector general in identifying ways to improve
services, ACCESSIBILITY FOR PERSONS WITH DISABILITIES, MAINTENANCE OF
PASSENGER STATIONS AND WHEELCHAIR LIFTS ON CITY BUSES, reduce costs and
increase the efficiency of the authority and its subsidiaries, the
Triborough bridge and tunnel authority or the New York city transit
authority and its subsidiary.
4. No later than April first, nineteen hundred eighty-four, and annu-
ally thereafter, the management advisory board shall submit to the
governor and the legislature a report on its activities during the
previous year.
5. The office of the metropolitan transportation authority inspector
general shall provide the management advisory board with such staff
support as may be required for the performance of its duties.
6. Members of the management advisory board shall serve without
compensation, but shall be reimbursed for expenses reasonably incurred
in the performance of their duties.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.

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